RAKESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner who got discharged from the Indian Air Force (,,IAF) and was subsequently absorbed in the Bank of Maharashtra (,,BoM), has approached this Court by way of this petition for setting aside a letter dated 21st February, 2019 issued by the Air Headquarters (,,AHQ) rejecting his request for grant of pro rata pension.

(2.) Although Ms. Pallavi Awasthi, learned counsel for the Petitioner, submitted that the case of the Petitioner stands covered in his favour by the decisions of this Court dated 9th January, 2019 in W.P.(C) 10026/2016 (Govind Kumar Srivastava v. Union of India) and 11th December, 2019 in W.P.(C) 5642/2019 (Mohammad Israr Khan v. Union of India), Ms. Barkha Babbar, learned Standing Counsel for the Respondents, sought to persuade this Court to re-examine the issue by attempting to highlight the distinctions between the facts in the present case and the facts in the aforesaid cases.

(3.) The background facts, as far as the present petition is concerned, are that the Petitioner was enrolled in the IAF on 21st April, 1997. On 7th February, 2008, the AHQ issued a No Objection Certificate (,,NOC) wherein it was mentioned that the AHQ did not have any objection to the Petitioner appearing for an interview for the post of Probationary Officer (,,PO) in the BoM. After he was selected for the post of PO in the BoM, the Petitioner stood discharged from the services of the IAF in terms of a discharge certificate dated 11th March, 2008.